A New Beginning
Tuesday, December 30, 2008 at 05:55PM 
January 1st 2009 marks a new beginning for the tiny British archipelago of the Falkland Islands in the South Atlantic. Twenty seven years after the Argentineans launched an illegal attack on the territory in order to wrest UK sovereignty away from some of the most loyal subjects of the Crown, the Governor of the islands, Alan Huckle, has signed the new Constitution due to come into force on Thursday.
This move is not dissimilar to the process that has taken place in Gibraltar. It sets out an increased remit of self-governance for the island, whilst simultaneously providing a cast-iron reassurance that no change of sovereignty will occur without the consent of the inhabitants. As the Falklanders have a fierce allegiance to all things British, I think the chances of such consent being forthcoming are rather miniscule. They suffered an illegal occupation and fought a war to retain their Britishness. I hardly think they are going to sign it away democratically. Amazingly the laws of Argentina accord the Falklanders the right to take up citizenship if they so choose (comparable to the citizenship provisions of the Belfast Agreement). I'd love to know how many have taken up the offer over the past thirty years. Fewer than the number who would turn up to a Gary Glitter homecoming party I'd hazard a guess!
Predictably Argentina has sucked its political thumb. The British Charge d’Affairs was summoned and a statement issued by the government in Buenos Aires, which said:
'The Argentine government will denounce this violation of Argentine sovereignty and international law before the international community. Britain is trying to perpetuate an anachronistic colonial situation.'
What violation of Argentinian sovereignty? The Falklands - with the exception of the illegal invasion by the Argies in 1982 - have been peacefully and democratically administered under British rule since 1833. There was never any settled or indigenous Argentinian population there before British settlement. Today over 70% of the islanders are direct British descendants, with the remainder made up largely of Scandinavian and Chilean settlers. In 1994, an island-wide poll revealed 87% would be against ANY discussion of sovereignty with Argentina. There are two arguments the government in Buenos Aires relies on when asserting its constitutional belligerence:
- That the UN continues to ask the UK and Argentina to discuss sovereignty negotiations.
- That the Falklands are closer to Argentina and therefore the principle of territorial contiguity should be factored.
Yes, the Committe of Twenty Four at the UN General Assembly has indeed made the request for negotiations. However, unlike every other resolution passed by the committed, the request has not taken into account the desires of the islands' population. Either this anomaly would have to be righted, or the wishes of the islanders would have to arise in any hypothetical discussions. As these are already known, the principle of self-determination alone would almost certainly embolden UK sovereignty if the UN was called upon to referee the discussions.
Secondly, the issue of territorial contiguity has no bearing whatsoever on sovereignty in international law. If it did the territory of St Pierre and Miquelon, 15 miles off the coast of Newfoundland, would be subject to Canadian, not French, governance.
There is no issue to be discussed with Argentina. The population is British and wants to remains so. As far as the EU and the Commonwealth are concerned, the Falklands are part and parcel of what remains of Britain's Crown Colonies. Argentina has this historical knack of claiming lands that belong to other countries in contravention of past treaties and understandings. It claimed the Picton and Lennox islands in the Beagle Channel and continued to claim Cape Horn until the Peace and Amity Treaty of the mid-1980s granted all the aforesaid to Chile.
The Falklands are British; they are staying British!!
View Printer Friendly Version
Reader Comments (45)
The Falklands are and should remain British. Argentina's invasion was a tragic farce and their claims are specious.
Much the same could have been said about Hong Kong, but I'm sure there was one significant difference. Can't think what, but the colour red comes to mind.
'Much the same could have been said about Hong Kong, but I'm sure there was one significant difference. Can't think what, but the colour red comes to mind.'
There is no comparison between the two. When I read comments like this the colour brown comes to mind.
Did Argentina invade Hong Kong?
Not just St Pierre and Miquelon, i would have thought Canada had a good claim to Alaska. Yet they have never claimed either, respecting the wishes of the inhabitants. Others could take note!
Greetings from Gibraltar.
Rather like the Falkland Islanders, we have in referenda said time and time again where our loyalties lie. Even so we wake up in fear of behind-the-scenes negotiations (c.f. Jack Straw among others) to give us away to Spain against our wishes in exchange for a 5-year concession on North Sea EU cod quotas or somesuch.
Congratulations to the Islanders following the advice we gave them and the assistance that we supplied to firm up their rights of self-determination. The C24 at the UN still refuse to allow us our rights and they will refuse them to the Falklands as well because it'd be doing themselves out of a job. Our Chief Minister (Caruana) and head of the opposition (Bossano until the next election) are hauled before them every year to justify our very existence.
Well done Falklands...now EU and UN - leave us all alone!
Geoff, a British invasion of the south region of mainland Spain would teach those dirty dago mongrels a lesson in imperial justice!!!
Hmm Edwin, have you ever been to the town just over the border...La Linea? The Spanish can keep it.Only one decent restaurant and a bus station to get you out of there. The rest is a pit.
Some bits of Spain a little further north are quite nice though. We could take some of those.
Geoff - Only a matter of time, chum! :)))
SMCGIFF -
Britain's lease on Hong Kong expired in 1997. The transfer of sovereignty was all legal and above board. And as with the rest of the Empire, it was handed back in fine nick.
Andrew McCann -
Well said and a great choice of photo. That image of the Paras tabbing to Stanley always gives me goosebumps.
It's high time Gibraltarians and Falkland Islanders told Wetsminster to butt out. Parliament is the parliament of the United Kingdom only. It has no jurisdiction over Crown subjects elsewhere
Geoff -
Greetings to Gibralter. How's the crossing to La Linea? Are the Spanish still on a go-slow or have they grown out of their strop?
Only a matter of time before Geoff and his ilk are given their marching orders.
>>It's high time Gibraltarians and Falkland Islanders told Wetsminster to butt out. Parliament is the parliament of the United Kingdom only. It has no jurisdiction over Crown subjects elsewhere.<<
That's exactly what Irish patriots were trying to tell it for about two hundred years!
But it didn't listen, and the result was war and mayhem.
This pig-headedness of the British parliament, however, ultimately led to the rise of Republicanism, so all was for the best in the long run!
Petr - I am worried that you are correct. Over my twitching corpse though.
Pete - The Guardia are on a pay dispute at the moment so are being deliberately awkward for that reason. The border queue is stacked up to the big palm tree at all times (for readers who don't know that means an hour and a half wait to cross the border and is a target and marker the Guardia set themselves).
Cheers for the greetings :-)
Noel Cunningham -
As I said, it's the parliament of the United Kingdom.
Besides, given you've pretty much been ours since the 12th Century, the natural place for Ireland in within the benevolent embrace of the Empire.
Geoff -
Yep, I know it. Business as usual for the Spanish then!
Petr, it will be a slimy back-room No10 deal if/when and not anything to do with us locals. Doesn't that stink? It reminds me of that old Churchill quote: "Ulster will fight, and Ulster will be right."
There will be people here prepared to die in a ditch.
>>Noel Cunningham -
As I said, it's the parliament of the United Kingdom.<<
Exactly. And no more.
Pete, as you seem to be familiar with the place then if you are out here soon get in contact via these pages or though David Vance and beers will occur.
The invitation extends to anyone else on here who might visit this remaining bastion of the Empire.
Yes Noel, I'm aware of my own nation's Constitution. Because it's the parliament of the United Kingdom only Gibraltarians and falkland Islanders should tell that den of licksittle revolutionaries to stick their oars elsewhere.
Before someone reminds me that Gibralter is a naval base and that our Armed Forces liberated the Falklands, I'll remind them that they are Crown Forces in the service of Crown subjects and do not belong to Parliament.
Geoff -
Much appreciated.
I usually spend time each year in Banus and Estepona and go on family business to Gib. Even when I don't have business there I'll pop over for a day or two.
You know, just to mooch about, sit under the British sun, look and laugh at there the SAS said "boo" to three IRA terrorists ....
Laughable, Las Malvinas are about as British as the Isle of Man is Argentinian.
Shipping in a load of loyal subjects....have I heard of that tactic somewhere before?
Pete is correct and Gib is more than that. Army, RAF and Navy bases but also 20,000+ shopkeepers, landlords, teachers, builders, lawyers etc etc. A standalone community with its own Chief Minister, Parliament,civil servants.
Annoyingly, the RAF airport was built over the old racecourse and as a gambler I regret that decision. Okay so it helped in the minor annoyance in 1939 but that's no reason to concrete over a racetrack for goodness sake.
France has a better claim to the Channel Islands than Argentina has to the Falklands. They are much closer to France than England, most of the place names are French and the remnants of a French-Norman patois still survive. But the French abandoned their claim after (the Corsican) Napoleon's final defeat.
RS- the population though is quite British, and has been for a longstanding time and wish to remain so. They have no ties to Argentina.
Pete, you'll already know exactly where it happened but I'll introduce you to the chief eyewitness at the trial who happens to be a lawyer friend of mine.
Peter, as regards the CI, when the "loyal toast" is given, the response to "The Queen" by a Channel Islander isn't "God Bless'er" but is "Notre Duke" as the head of state is the Duke of Normandy, not the King/Queen. It's still a shared title.
If any reader here edges a pub quiz by one point based on knowing this then they owe me a pint.
RS- I'm genuinely sympathetic to Irish Nationalism but see no problem with the British claim over the Falklands.
The Islands are about 200 miles away from Argentina, and its not as though the settlers displaced any indegenous inhabitants (like other places we could mention).
As well as that, on a practical note, despite their faults, British Governments have been, by and large, substantially more morally sound than their contemporary Argentinian counterparts (cf Maggie and Galtieri).
Geoff
What is the general ethnic make up of the Island? I read somewhere a lot of people of Genoese, sephardic jewish stock (ie non-spanish mediterranan) etc but would appreciate your view.
I've only been there once and thought it was a bit odd (no offence - a bit like Tottenham Court Road mixed with Aldershot in places) but very interesting.
I certainly hope we never cede it to Spain (unless the majority of people there want it)
All the best to the Falkland Islanders and tp Gobralter and welcome Geoff. A friend of mine has been to Gibralter many times and has assured me "you'd love it".
'Laughable, Las Malvinas are about as British as the Isle of Man is Argentinian.'
The first word of the above predetermines the quality of the rest of its content.
'I'm genuinely sympathetic to Irish Nationalism but see no problem with the British claim over the Falklands.'
Except that both have in the past involved illegal claims over UK territory. Please show some consistency.
Andy, the Catalan Bay side (east) is heavily of Maltese stock, and most of the City (inside the Walls on the western side) is owned by the Jewish community. Outside the walls it is predominantly Gibraltarian Catholics and Anglicans with a sprinkling of UK immigrants. Most UK local workers, especially in the gambling companies, live outside Gib up the coast.
I'm unusual as I bought in the Jewish Quarter where it's hard to get property as a non-Jew but it's definitely in the nicest bit of the old town. Voting doesn't go along religious lines but there are 8-10 big local families here which dominate society/law/trade/property ownership.
You thought it was "a bit odd"?? I'd be scared if you thought it was normal. It's a small community. No more than a village and we have our own language which was honed when the border was closed. Everybody knows everyone else. Two schools and two thousand pubs.
But it's home and I love it. Look forward to seeing you here Aileen :-)
Geoff
Welcome. Went to Gibraltar as a kid and never forgot the experience. Love to see the Union Flag flying proudly, whether in Gibraltar or Glenarm.
Andy, forgot to mention that the Treaty of Utrecht which the Spanish signed giving us Gib specifically forbids any Jews and Moors on the Rock. The Moroccan who runs my local bar (he observes all religious festivals with a Tia Maria and Coke under the counter) is one of many exceptions, so all talk of breaking the Treaty is so much cant when it comes to the bits no-one mentions.
Oh Geoff, I consider myself invited :o)
Have you posted on ATW before or did it come up in a google. From time to time someone new pops up because of a particular connection to a topic. I am always curious about how they just found ATW.
>>Love to see the Union Flag flying proudly, whether in Gibraltar or Glenarm<<
Ok, then, as a special favour, Andrew.
thanks Geoff
Aileen, I know David Vance through B-BBC where I have blogged for ages. I mentioned a post on my blog to him by email which he liked and he linked to it from this blog - so I strolled over here and I then just kept browsing the archives. I enjoyed what I saw.
You're stuck with me now :-)
Have never corresponded with a real Gibraltan before.
I was in the neighborhood ages ago at the Naval base up the road in Rota, Spain, by Cadiz.
The Falklands, Gibralter even little Northern Ireland. Such small potatoes- from a time when the sun never set to now when the sun barely ever shines.
It must be so galling to live in the shade of ancestors that achieved so much - there's so much not to have lived up to.
Lol at least we had a glorious history, unlike the little seperatist rump free state, what with it's morally dubious foundation and ethnic cleansing of those not belonging to 'the one free church'.
That shithole is in fact going backwards as we speak. Next thing you know you people will have trouble 'brigin' in de spuds' again. (LOL)
Oh will youse cut it out. I'll sic Troll on you.
Ancestors SMCGIFF? Today I settled down to do the Times crossword with Peter Rodney - direct descendant of Admiral Sir George Rodney whose ships relieved the longest siege ever endured in the history of the British military which was fought here in Gib. It was one of the longest sieges in history.
And we still couldn't get two clues...was it SWEEPSTAKE and BREAK anyone? Grumble.
Well, I guess your ancestors must've been short a few spuds eh? ;)
Ooops - am staying out of the spuds conversation.
Spuds are superb. Especially baked, from Idaho. Simple, perfect.
That's it guys - let it all out. No sense bottling up all that inferiority.
Have we gone through all the rocks Britain still has dominion over. Are there not some in the Caribbean to drag up?